UNION OF INDIA AND OTHERS versus ROHITH NATHAN AND ANOTHER, ETC.

Issue for consideration

Whether the clarificatory letter dated 14.10.2004 can have any overriding or superseding effect over the Office Memorandum dated 08.09.1993, which expressly lays down the criteria for exclusion from the benefit of reservation for Other Backward Classes the creamy layer namely, the socially advanced persons of sections among the Socially and Educationally Backward Classes; whether there can be hostile discrimination between employees of the Government and those working in Public or Private Sector Undertakings, when both occupy posts of the